New York Supreme Court February 15, 1877 (Brewers' Fire Insurance v. Burger)

Dykman, J.:

This is an action to recover sixty per cent upon a subscription to tbe capital stock of tbe company to wbicb tbe plaintiff bas succeeded. His defense is that tbe subscription paper never was delivered to tbe plaintiff, and that it never became a valid or binding or subsisting contract, and was only to become such-if $200,000 was raised by subscription, and a branch of tbe company